Higgsfield API Terms of Service

1. Use of the Service.

1.1. Scope. Your right to access and use the API Service, in whole or in part, is governed by these API Terms, the Terms of Use, and any applicable Order Form (as defined below). Where applicable under Section 7, the Higgsfield Data Processing Addendum (“DPA”) is incorporated into these API Terms by reference.

1.2. Relationship to Consumer Plans. The API Service is separate from Higgsfield’s consumer offerings. A consumer, Team, or Scale subscription does not include API access, and API usage draws on a separate prepaid API balance (Section 9). Consumer plans (including subscription tiers marketed as “Unlimited”) do not fund or entitle you to use of the API Service.

1.3. What the API Service Does Not Include. The API Service consists of Higgsfield’s hosted generation endpoints only. It does not include (i) the Supercomputer Agent, which is governed by Section 1.6 of the Terms of Use; (ii) GPU compute or sandbox offerings, which, if and when launched, will be governed by separate Supplemental Terms; or (iii) access to text or large-language models.

1.4. Order Forms. Enterprise use of the API Service may be governed by a separate written agreement between you and Company, such as an Enterprise Use Agreement or order form (each, an “Order Form”). If an Order Form applies, it controls over these API Terms and the Terms of Use to the extent of any conflict with respect to that use.

1.5. Additional Definitions. As used in these API Terms: (a) “Model” means an artificial intelligence model made available through the API Service; (b) “Partner Model” means a Model identified in the API Service or applicable Documentation as hosted or operated by a third-party partner; (c) “Excluded Model” means a Model designated as such under Section 5.3; (d) “Protected Features” means API Service features involving the depiction, simulation, or manipulation of a real person’s face, voice, or likeness, including face swap, lip sync, avatar, and identity-consistency (Soul ID) endpoints, as identified in the Documentation; (e) “Units” means the prepaid billing units used to meter API usage; (f) “Prohibited Data” means protected health information, payment-card data subject to PCI-DSS, government-issued identifiers, biometric identifiers or templates, and any other special-category or sensitive personal data under applicable law; and (g) “Documentation” means Company’s then-current developer documentation for the API Service, including the API reference, changelog, and integration guides, as updated from time to time.

2. Accounts, Workspaces, API Keys, and Verification.

2.1. Workspace-Scoped Keys. API Keys are issued to and scoped to a Workspace, not to an individual. You are responsible for all activity under your Workspace and API Keys, including activity of your personnel, your Developer Applications, and your End Users, whether or not authorized by you. Sections 11.3 (API Key Security) and 11.4 (Compromise Notification) of the Terms of Use apply to all API Keys. Without limiting those Sections, you shall not embed API Keys in client-side or publicly accessible code; the Documentation describes a supported server-side proxy pattern for browser and mobile applications.

2.2. Verification; Protected Features. Company may condition access to some or all of the API Service — including all Protected Features — on identity or business verification, per-key attestations, usage tier, or additional terms. Company may decline, limit, or revoke access at its reasonable discretion, including where required by a Model provider or based on the screening described in Section 8.

3. License; Usage Limits.

3.1. License. Subject to your compliance with these API Terms, the Terms of Use, and any Order Form, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable (except as expressly set out in Section 4.4), revocable license to access and use the API Service in accordance with the Documentation solely to (i) develop, test, and operate Developer Applications, and (ii) allow End Users to access functionality of the API Service through your Developer Applications.

3.2. Usage Limits. Usage Limits under Section 1.5 of the Terms of Use apply to the API Service, including rate, concurrency, and quota limits that may scale with usage or spend. Requests exceeding concurrency limits will be queued or rejected with a retryable error rather than silently dropped, as described in the Documentation.

4. Restrictions; Anti-Resale; End Users.

4.1. No Direct Exposure. You shall not expose any of the API Service (including API endpoints or API Keys) directly to any End User. End Users may interact with the API Service only through a Developer Application that adds material functionality beyond merely providing access to the API Service.

4.2. No Resale. You shall not resell, lease, rent, sublicense, distribute, or otherwise make the API Service available on a standalone basis or as a substantially similar or competing API, model-access, or generation service, and shall not use the API Service on a timesharing or service-bureau basis or to operate an outsourcing or reselling business, in each case except with Company’s prior written consent. This Section supplements Section 11.5 of the Terms of Use.

4.3. No Competing Model Development. You shall not use the API Service or any Output to train, fine-tune, distill, or otherwise develop or improve any artificial intelligence model that competes with the API Service or any Model, and shall not attempt to extract model weights, training data, or system prompts, or circumvent any safety guardrail, content filter, rate limit, or other protective measure implemented by Company or its Model providers. This Section supplements Sections 5.2(iv) and 5.2(xiii) of the Terms of Use, and the restrictions in Sections 5 and 11 of the Terms of Use apply in full to your use of the API Service.

4.4. End-User Flow-Down. You shall enter into legally enforceable agreements with each of your End Users governing use of your Developer Application that contain terms at least as protective of Company, the API Service, and the Models as these API Terms and the Terms of Use, including the restrictions in this Section 4, the consent obligations in Section 6, the age requirement in Section 4.6, and disclaimers and limitations of liability in favor of Company substantially similar to Sections 13 and 14 of the Terms of Use.

4.5. Responsibility for End Users. You are responsible and liable for the acts and omissions of your End Users in connection with the API Service as if they were your own, including any act or omission that would breach these API Terms if committed by you. You shall use commercially reasonable efforts to enforce your end-user agreements against End Users whose violations may adversely affect Company or the API Service, and shall suspend or terminate an End User’s access promptly upon Company’s reasonable request. This Section supplements Section 11.5 of the Terms of Use.

4.6. Age and Compliance Measures. You shall ensure that your End Users are at least 18 years of age or the age of majority in their jurisdiction, and you shall implement any age-gating, age-verification, content-filtering, consent-capture, and content-moderation measures required by applicable law for your Developer Application. Company provides no consumer-facing interface, age verification, or consent mechanism for API traffic; these obligations rest with you.

5. Models; Partner Models; Excluded Models.

5.1. Model Availability and Use. Models available through the API Service may include Models developed by Company and Models provided by third parties. You and your End Users may access and use the Models only in accordance with these API Terms, the Terms of Use, and applicable Documentation. Company may add, modify, or remove Models from the API Service from time to time.

5.2. Partner Models. Models identified as Partner Models in the API Service or applicable Documentation are hosted or operated by third-party partners. You acknowledge that Your Content submitted to a Partner Model (or to any third-party Model accessed via a third party’s API) will be transferred to that third party. Company will identify through the API Service or applicable Documentation which Models are accessed via a third-party partner. Discounts, credits, and promotional pricing may not apply to Partner Models.

5.3. Excluded Models. Company may designate certain Models as “Excluded Models” through the API Service, applicable Documentation, or other advance notice where an upstream provider’s data-use, retention, security, or other requirements differ from the commitments in these API Terms, and will identify the applicable differences in the same manner. Section 7.2 and the DPA apply to processing controlled by Company; however, an upstream provider may process Your Content under its own terms and policies, and Company does not extend to that provider a commitment the provider has not accepted. You shall not submit Prohibited Data or other personal data to an Excluded Model unless applicable Documentation or an Order Form expressly authorizes that submission. Use of an Excluded Model after notice constitutes acceptance of this Section.

5.4. Model Changes. Section 1.7 of the Terms of Use (Changes to Models and Features) applies to the API Service. Company will use commercially reasonable efforts to give notice of removals of generally available Models via the API Service, changelog, or applicable Documentation.

6. Acceptable Use; Likeness Consent; Protected Features.

6.1. Acceptable Use. You and your End Users shall comply with Section 5 of the Terms of Use (User Conduct and Certain Restrictions). Without limiting the foregoing, you shall not use, and shall not permit End Users to use, the API Service to: create or disseminate child sexual abuse material or content sexualizing minors (which Company reports to the National Center for Missing & Exploited Children and other authorities); create non-consensual intimate imagery; impersonate a real person without authorization or create deceptive deepfakes; engage in fraud, harassment, or the violation of any person’s privacy, publicity, or intellectual-property rights; generate disinformation affecting public health, safety, or civic or electoral processes; or otherwise violate applicable law.

6.2. Likeness and Voice Consent. Where an Input contains, or an Output is intended to realistically simulate, the face, voice, or likeness of an identifiable real person, you represent and warrant that you have obtained, and will maintain records of, that person’s documented consent (or that of their authorized representative) covering both (i) submission of the person’s likeness or voice to the API Service and (ii) the intended use and distribution of the resulting Output. This Section supplements Sections 4.2(b) and 5.3 of the Terms of Use.

6.3. Protected Features; Server-Side Enforcement. Access to Protected Features requires verification under Section 2.2 and any per-key or per-request attestation described in the Documentation. All API traffic is subject to server-side safety filtering; requests rejected for policy reasons return a non-retryable content-policy error. You shall not attempt to bypass, disable, or degrade any safety measure.

6.4. No Surveillance. Consistent with Sections 5.2(xii) and 5.3 of the Terms of Use, you shall not use the API Service for facial recognition, biometric identification or verification, or surveillance of natural persons.

6.5. Enforcement. Enforcement of this Section 6 is at Company’s discretion consistent with Section 6 of the Terms of Use (Monitoring and Reporting), and non-enforcement is not a waiver. Company may report violations to competent authorities.

7. Your Content; Training; Retention.

7.1. Your Content. Company does not claim ownership of Your Content. The licenses you grant in Sections 4.3 and 4.4 of the Terms of Use apply to Inputs submitted to, and Outputs generated by, the API Service, as necessary for Company to provide, secure, and support the API Service, to enforce the Agreement, and to comply with applicable law, including transmission to Model providers as described in Section 5.2.

7.2. Training. Notwithstanding Section 4.4 of the Terms of Use, for Inputs submitted to and Outputs generated by the API Service: Company may use such content to train, develop, and improve its AI models and related technology unless you opt out. You may opt out at any time by turning off the training setting in your Workspace settings in the developer dashboard. No other request or step is required. Company will process your opt-out within 10 business days. Once your opt-out has been processed, Inputs submitted and Outputs generated through your Workspace will no longer be used to train, develop, or improve Company’s AI models, except as necessary to provide the API Service to you. The opt-out does not affect any use of content that occurred before it took effect. It applies only to content submitted through the API Service and does not change how content you submit through other Higgsfield products is treated under the Terms of Use. Company does not use for training the content of customers whose Order Form contains a no-training commitment, and does not apply this Section’s opt-out to Excluded Models (Section 5.3).

7.3. Usage Data. Company may collect and use telemetry, diagnostic, and usage data, and aggregated or de-identified data derived from use of the API Service, for any lawful business purpose, provided such data does not identify you, an End User, or Your Content.

7.4. Retention. Request records (Input parameters and Output metadata) are retained for as long as your Account remains active, to power your request history and for the purposes described in Section 7.1. Generated media files are available for at least seven (7) days from generation, but Company may permanently delete media files after that period. You are responsible for downloading and persisting, within that window, any Output you wish to retain. Media URLs are access-controlled and private by default. Section 16.5 of the Terms of Use (Account Deletion and Data Retention) governs deletion of your Account.

7.5. Zero Retention. A zero-data-retention configuration is available for eligible customers under an enterprise addendum to an Order Form.

7.6. Prohibited Data. Consistent with Sections 5.2(x), 5.3, and 5.4 of the Terms of Use, and except as expressly contemplated by the Documentation for a given endpoint (including Protected Features used with the consents required by Section 6.2), you shall not submit Prohibited Data to the API Service, and shall not submit any Input you lack the rights and consents to provide.

7.7. Data Protection; Security. Where Company processes personal data contained in Your Content on your behalf through the API Service, the DPA applies and is incorporated by reference. For Partner Models and Excluded Models, the third-party processing practices disclosed through the API Service, applicable Documentation, or other advance notice under Sections 5.2 and 5.3 apply to the applicable upstream provider’s processing. Company maintains an information-security program with administrative, technical, and organizational measures appropriate to the nature of the data processed, including encryption in transit and at rest for Your Content under its control. Company’s security practices, certifications, and subprocessor list are described at Company’s trust center at https://trust.higgsfield.ai/.

8. Export Controls; Sanctions; Screening.

8.1. Sanctions and Export Compliance. In addition to Section 19.12 of the Terms of Use, you represent, warrant, and covenant that neither you nor any End User is (i) located in, organized under the laws of, or ordinarily resident in any country or region subject to a comprehensive U.S. government embargo or designated a state sponsor of terrorism, or (ii) identified on any U.S., EU, or UK restricted-party or sanctions list. You shall comply with all applicable export-control and sanctions laws in your use of the API Service and shall not permit access by prohibited parties. Company screens API access and may deny, suspend, or terminate access based on screening results.

8.2. Bulk Data Rules. You are responsible for your own compliance with data-transfer restrictions applicable to Your Content, including the U.S. Department of Justice Data Security Program rules on bulk sensitive data (28 C.F.R. Part 202), taking into account the Models you select.

9. Fees; Units; Billing.

9.1. API Balance. API usage is metered in Units and paid from a prepaid API balance that is separate from any consumer Subscription or Credits. Section 9 of the Terms of Use (Purchase Terms and Refunds) applies to purchases of Units, including payment processing through Company’s Third-Party Service Provider and its validation, fraud-prevention, and authentication protocols (which may include strong customer authentication such as 3D Secure), except as modified by this Section 9.

9.2. Unit Expiry. Purchased Units expire one year after purchase. Promotional or trial Units expire as stated at grant and may be restricted to designated Models or endpoints. Units have no cash value and are non-transferable, non-reloadable, and non-refundable except as set out in Section 9.3 of the Terms of Use or as required by applicable law.

9.3. Zero Balance. If your API balance reaches zero, further requests will be rejected until the balance is topped up. Customers invoiced under an Order Form are exempt to the extent stated in the Order Form.

9.4. Billing Fairness. You are not charged for (i) requests that fail with a server-side error (HTTP 5xx), (ii) requests rejected for invalid input (HTTP 422), or (iii) time spent in queue or in cold start before generation begins. For jobs that fan out into multiple generations, you are billed only for completed child generations, subject to the maximum cost ceiling disclosed at submission.

9.5. Price Changes. Company may change Unit pricing prospectively by posting updated pricing or providing notice. Price changes do not affect Units already purchased.

9.6. Test Keys. Where offered, test API Keys operate in dry-run mode only: they validate requests and return cost estimates, but do not generate Output and are not charged. Only live API Keys generate Output and incur charges.

10. API Changes; Versioning; Breaking Changes.

10.1. Versioning. The API Service is versioned (e.g., /v1/). Company will use commercially reasonable efforts to avoid breaking changes within a published API version and to communicate material changes, deprecations, and removals through the changelog and Documentation.

10.2. Your Responsibility to Update. Consistent with Sections 11.10 and 13.8 of the Terms of Use, Company may change or update the API Service and its materials for accessing and using it. Such changes may require you to update your Developer Applications to continue functioning properly with the API Service, and it is your sole responsibility, at your expense, to make any updates or changes to your Developer Applications needed to maintain interoperability.

11. Service Levels; Support.

11.1. No Self-Serve SLA. The API Service is provided without any uptime or availability commitment for self-serve customers, consistent with Sections 13.7 and 13.8 of the Terms of Use. Company will use commercially reasonable efforts to provide the API Service in material conformance with the Documentation. Service level agreements are available only under an Order Form for customers meeting Company’s then-current eligibility criteria. Company is not obligated to provide support to your End Users (Terms of Use Section 11.10).

11.2. Partner Model Availability. Availability of Partner Models is managed by the applicable partner, and Company is not responsible for Partner Model downtime; failures of third-party Models are identified with a distinct error code where feasible.

12. Outputs; No Output Warranty; AI Disclosure.

12.1. Outputs. Consistent with Section 4.4 of the Terms of Use, Company does not claim ownership of your Outputs and does not restrict your commercial use of Outputs. You are responsible for your and your End Users’ use, publication, and distribution of Outputs.

12.2. No Output Warranty. DUE TO THE NATURE OF GENERATIVE AI, OUTPUTS MAY NOT BE UNIQUE, AND THE API SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUTS FOR OTHER USERS. OUTPUTS MAY BE INACCURATE, INCOMPLETE, OFFENSIVE, OR UNSUITABLE FOR YOUR PURPOSES. COMPANY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT OUTPUTS WILL BE ORIGINAL, ACCURATE, OR NON-INFRINGING, THAT THEY WILL NOT CONTAIN MATERIAL SUBJECT TO THIRD-PARTY RIGHTS (INCLUDING COPYRIGHT, TRADEMARK, OR RIGHTS OF PUBLICITY), OR BE ENTITLED TO INTELLECTUAL PROPERTY PROTECTION. YOUR USE OF OUTPUTS IS AT YOUR OWN RISK, AND COMPANY ENCOURAGES HUMAN REVIEW OF OUTPUTS BEFORE COMMERCIAL USE OR DISTRIBUTION. THIS SECTION SUPPLEMENTS SECTIONS 13.1 THROUGH 13.3 OF THE TERMS OF USE AND SECTION 11.7 OF THE TERMS OF USE (OUTPUT RESPONSIBILITY).

12.3. AI Disclosure; Provenance. Section 5.5 of the Terms of Use (AI Disclosure) applies to Outputs generated through the API Service. Where required by applicable law, you shall disclose, and shall require your End Users to disclose, that Output is artificially generated or manipulated. You shall not remove, alter, or obscure any watermark, content credential, metadata, or other provenance signal Company applies to Output, and shall not permit End Users to do so.

13. Term; Suspension; Termination; Survival.

13.1. Term; Suspension; Termination. Section 16 of the Terms of Use (Term and Termination) governs the term and termination of these API Terms. Without limiting Section 16.2 of the Terms of Use or Section 11.9 of the Terms of Use (Monitoring and Compliance), Company may suspend your access to the API Service immediately and without prior notice where reasonably necessary to address a breach of Section 4, 6, or 8 of these API Terms, a security risk, legal or regulatory exposure, upstream provider requirements, or non-payment. Company is not liable for damages resulting from a good-faith suspension.

13.2. Effect of Termination; Survival. Upon termination, all API Keys are revoked and your license under Section 3.1 ends. The following survive termination of these API Terms, together with the surviving provisions of the Terms of Use: Sections 1.4, 1.5, 4.3, 4.5 (as to acts before termination), 7 (as to licenses and retention mechanics), 12.2, 12.3, 13.2, 15, and 16, and any accrued payment obligations. Your indemnification obligations under Section 15 expressly survive expiration or termination.

14. API Terms Updates.

Company may update these API Terms in accordance with Section 19.6 of the Terms of Use (Agreement Updates). In addition, for changes that materially reduce your rights or increase your obligations under these API Terms, Company will provide at least thirty (30) days’ advance notice by email to the Workspace’s registered address or by in-product or dashboard notice. Unless the notice states otherwise, changes take effect on the stated effective date, and your continued use of the API Service after that date constitutes acceptance. Changes do not apply retroactively to Disputes that arose before the change or, to the extent stated in an Order Form, to signed Order Forms.

15. Indemnification.

In addition to your obligations under Section 12 of the Terms of Use (Indemnification), you shall defend, indemnify, and hold harmless the Company Parties from and against all claims, demands, actions, and proceedings brought by a third party, and all resulting losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (i) your Inputs, including any claim that an Input infringes or violates intellectual-property, privacy, publicity, or data-protection rights or laws; (ii) your or your End Users’ use, publication, or distribution of Outputs; (iii) any Developer Application; (iv) any End User or your failure to comply with Section 4 or 6; (v) your breach of these API Terms or applicable law. Company may, at its option, assume control of the defense and settlement of any indemnified claim at your expense, and you shall not settle any claim imposing obligations on Company without Company’s prior written consent. This Section is in addition to, and not in lieu of, any indemnities in an Order Form, and survives termination as set out in Section 13.2.

16. Disclaimers; Limitation of Liability.

16.1. Disclaimers. Sections 13 (Disclaimer of Warranties) and 14 (Limitation of Liability) of the Terms of Use apply in full to the API Service, including Section 13.7 (Third-Party Infrastructure) and Section 13.8 (Developer Access and Supercomputer Agent). Company makes these disclaimers on behalf of itself, its affiliates, and its licensors and Model providers.

16.2. Additional Limitations. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CAP IN SECTION 14.2 OF THE TERMS OF USE DOES NOT APPLY TO, AND NOTHING IN THE AGREEMENT LIMITS, (I) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 15 OF THESE API TERMS OR SECTION 12 OF THE TERMS OF USE, (II) YOUR PAYMENT OBLIGATIONS, OR (III) YOUR BREACH OF SECTION 4 (RESTRICTIONS; ANTI-RESALE; END USERS) OR SECTION 6 (ACCEPTABLE USE; LIKENESS CONSENT; PROTECTED FEATURES) OF THESE API TERMS. NOTHING IN THE AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. General Provisions.

Sections 15 (Procedure for Making Claims of Intellectual Property Rights Infringement), 17 (Users Outside the U.S.), 18 (Arbitration Agreement), and 19 (General Provisions) of the Terms of Use apply to these API Terms, including California governing law (Section 19.8), exclusive San Francisco venue where litigation is permitted (Section 19.7), and the Arbitration Agreement’s class action and jury trial waiver and 30-day opt-out (Sections 18.4 and 18.10). Feedback is governed by Section 4.6 of the Terms of Use. These API Terms, together with the Terms of Use, the DPA (where applicable) and any Order Form, constitute the entire agreement regarding the API Service. Notices to Company: Higgsfield Inc., Attn: Legal Dept., 535 Mission St, 14th Floor, San Francisco, CA 94105, United States; email: legal@higgsfield.ai. Notices to you: the email address registered to your Workspace, per Section 19.9 of the Terms of Use.